The First Circuit Court of Appeals affirmed a district court order remanding to state court the State of Rhode Island’s lawsuit that seeks relief from oil and gas companies for climate change injuries allegedly caused by the companies’ actions. The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. The First Circuit stated that it was “persuaded that to allow review of every alleged ground for removal rejected in the district court’s order would be to allow [the statutory exception allowing review of federal-officer removal] to swallow the general rule prohibiting review” of remand orders. The First Circuit further concluded that federal-officer removal did not apply in this case, finding that the companies’ actions in connection with three contracts with the federal government concerning oil and gas production did not have a nexus with Rhode Island’s allegations that the companies engaged in misleading marketing about the impacts of products they sold in the state. The First Circuit issued its decision several weeks after the Supreme Court agreed to review the issue of the scope of appellate review of remand orders in Baltimore’s case against energy companies. State court proceedings in Rhode Island’s case were put on hold in August pending the U.S. Supreme Court’s and Rhode Island Supreme Court’s consideration of personal jurisdiction issues in unrelated cases.

State of Rhode Island lawsuit seeking to hold fossil fuel companies liable for causing climate change impacts that adversely affect Rhode Island and jeopardize State-owned or -operated facilities, real property, and other assets.

Rhode Island v. Shell Oil Products Co.

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First Circuit Affirmed Order Sending Rhode Island’s Climate Case Back to State Court

Filed

United States of America

Rhode Island

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

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Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives